Cal. Civ. Code § 9-106
Pleadings and evidence
Operative Text
Pleadings and evidence. (a) On complaint by the party or parties entitled to the possession of such premises being filed in the circuit court for the county where such premises are situated, stating that such party is entitled to the possession of such premises (describing the same with reasonable certainty), and that the defendant (naming the defendant) unlawfully withholds the possession thereof from him, her or them, the clerk of the court shall issue a summons. (b) A complaint may not name a minor as a defendant. As used in this Section, "minor" means a person under the age of 18, unless that person has been ordered emancipated under the Emancipation of Minors Act and has the rights and responsibilities of a mature minor under of the Emancipation of Minors Act. (c) A complaint that names a defendant who is a minor at the time of filing shall be dismissed in its entirety against all defendants. Any action dismissed under this Section shall be immediately sealed under Section 9-121. (d) In addition to any other remedies available to the minor, a minor who is willfully and wantonly named as a defendant in violation of this Section is entitled to reasonable attorney's fees, actual damages, and liquidated damages in the amount of $1,000. (e) Nothing in this Section prohibits a party from refiling an action against any defendants who otherwise may be properly named. Upon dismissing the case under this Section, the court may not waive any fees associated with refiling the action against defendants that are otherwise properly named. (f) The defendant may under a general denial of the allegations of the complaint offer in evidence any matter in defense of the action. Except as otherwise provided in Section 9-120, no matters not germane to the distinctive purpose of the proceeding shall be introduced by joinder, counterclaim or otherwise. However, a claim for rent may be joined in the complaint, and judgment may be entered for the amount of rent found due.
Illinois statute 735 Ill. Comp. Stat. 5 § 9-106 establishes the procedural rules for filing an eviction (forcible entry and detainer) complaint in circuit court. A key protection in this provision prohibits naming a minor—anyone under 18 who has not been legally emancipated—as a defendant in such a complaint; if a minor is named, the entire case must be dismissed and immediately sealed. The provision also governs what evidence and claims may be raised, allowing a landlord to join a rent claim in the same complaint, while limiting the introduction of unrelated matters.
Plain English — not legal advice.
Under 735 Ill. Comp. Stat. 5 § 9-106, operators filing an eviction complaint in Illinois circuit court are required to describe the premises with reasonable certainty and identify the defendant by name. Compliant operators carefully verify the age of all named defendants before filing, since naming any person under 18 who is not emancipated triggers mandatory dismissal of the entire case against all defendants and potential liability for attorney's fees, actual damages, and $1,000 in liquidated damages. Landlords who wish to recover unpaid rent alongside possession may include that claim in the same complaint, but generally keep the pleadings focused on matters germane to the eviction proceeding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 9-106 of 735 Ill. Comp. Stat. 5 provides important protections for minors and all defendants in Illinois eviction proceedings. If a minor is improperly named as a defendant, the statute entitles that minor to reasonable attorney's fees, actual damages, and $1,000 in liquidated damages, and the entire case must be dismissed and sealed. Defendants also have the right under this provision to raise any relevant defense under a general denial, and those who believe their rights have been violated may wish to consult a tenant-rights organization or legal aid office familiar with Illinois eviction procedure.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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